What’s in a Name? Children’s Rights and Legal Voice within Administrative and Juridical Procedures of Recognition of Same-Sex Filiation

This performative text, consisting of writing and visualizations, explores children’s voices within court proceedings connected to the legal recognition of intended mothers within lesbian-parented families. The research used long-term ethnographic observations and biographical interviews focused on French and Italian families from the “activist generation” who devoted their efforts to obtaining reproductive and family rights. The article provides a critical account of the implementation of Article 12.2 of the United Nations Convention on the Rights of the Child 1989 (UNCRC)—that is the right to be listened to in judicial and administrative proceedings affecting children. Our main argument is that, in contrast to the intention of Article 12.2 of the UNCRC, children are given a more symbolic than substantial voice in court proceedings and administrative procedures. The text situates children’s voices both in the wider context and in everyday life. Drawing on ethnographic research data, we show where and to what extent children’s voices emerge or, on the contrary, are silenced. Keywords: same-sex parenting; filiation; children’s rights; ethnography; creative writing; visual methods; performative text; Euro-American kinship; Italy; France.

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Publication Details

Journal
Amicus Curiae
Published
2024-11-04
DOI
https://doi.org/10.14296/ac.v6i1.5740
Primary Topic
Children's Rights and Participation
Type
article
Field-Weighted Citation Impact
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article

What’s in a Name? Children’s Rights and Legal Voice within Administrative and Juridical Procedures of Recognition of Same-Sex Filiation

Alice Sophie Sarcinelli, Monika Weissensteiner
Amicus Curiae
Children's Rights and Participation
article

What’s in a Name? Children’s Rights and Legal Voice within Administrative and Juridical Procedures of Recognition of Same-Sex Filiation

Alice Sophie Sarcinelli, Monika Weissensteiner
article en

Abstract

This performative text, consisting of writing and visualizations, explores children’s voices within court proceedings connected to the legal recognition of intended mothers within lesbian-parented families. The research used long-term ethnographic observations and biographical interviews focused on French and Italian families from the “activist generation” who devoted their efforts to obtaining reproductive and family rights. The article provides a critical account of the implementation of Article 12.2 of the United Nations Convention on the Rights of the Child 1989 (UNCRC)—that is the right to be listened to in judicial and administrative proceedings affecting children. Our main argument is that, in contrast to the intention of Article 12.2 of the UNCRC, children are given a more symbolic than substantial voice in court proceedings and administrative procedures. The text situates children’s voices both in the wider context and in everyday life. Drawing on ethnographic research data, we show where and to what extent children’s voices emerge or, on the contrary, are silenced. Keywords: same-sex parenting; filiation; children’s rights; ethnography; creative writing; visual methods; performative text; Euro-American kinship; Italy; France.

Amicus CuriaeVol. 6(1)
Délégation Paris 5 (FR), Centre National de la Recherche Scientifique (FR), University of Trento (IT), Centre de Recherche sur les Liens Sociaux (FR), Centre Norbert Elias (FR)
Gender equality
Openalex Percentile: Top 69%
Children's Rights and Participation
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What’s in a Name? Children’s Rights and Legal Voice within Administrative and Juridical Procedures of Recognition of Same-Sex Filiation — Alice Sophie Sarcinelli, Monika Weissensteiner · Amicus Curiae (2024) | TGRS Research Map | TGRS